TITLE 89: SOCIAL SERVICES
CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICESSUBCHAPTER d: LICENSING ADMINISTRATION
PART 385
BACKGROUND CHECKS
SECTION 385.APPENDIX A CRIMINAL CONVICTIONS PREVENTING LICENSURE, EMPLOYMENT, RESIDENCE IN A FAMILY HOME IN WHICH A CHILD CARE FACILITY OPERATES, OR PLACEMENT WITH RELATIVES

Section 385.APPENDIX A Criminal
Convictions Preventing Licensure, Employment, Residence in a Family Home in
Which a Child Care Facility Operates, or Placement with Relatives

a) Criminal Convictions Preventing Licensure, Employment, or
Residence in a Family Home in Which a Child Care Facility Operates

If any person
subject to background checks has been included in the Illinois Sex Offender
Registry or convicted of committing or attempting to commit one or more of the
following serious criminal offenses under the Criminal Code of 2012 [720 ILCS
5] or under any earlier Illinois criminal law or code or an offense in another
state, the elements of which are similar and bear a substantial relation to any
of the criminal offenses specified below, this conviction will serve as a bar
to: receiving a license or permit to operate as a child care facility and
renewal of an existing license to operate a child care facility; residing in a
family home in which a child care facility operates; obtaining employment or continuing
in employment in a licensed child care facility which allows access to children
as part of the duties; and obtaining a contract or agreement providing services
on behalf of the Department that allows unsupervised access to children.

In addition to
the list of crimes in this Appendix A, no applicant may receive a license from
the Department to operate a foster family home, and no adult person may reside
in a foster family home licensed by the Department, who has been convicted of
committing or attempting to commit any of the offenses listed in 89 Ill. Adm.
Code 402.Appendix A (Criminal Convictions Which Prevent Licensure), which is a
more inclusive list of crimes.

The offenses that
serve as a bar to licensure, residence in a family home in which a child care
facility operates, employment that allows access to children in any child care facility
subject to licensing, or providing services that allow unsupervised access to
children include:

OFFENSES
DIRECTED AGAINST THE PERSON

HOMICIDE

Murder

Solicitation of murder

Solicitation of murder
for hire

Intentional homicide of
an unborn child

Voluntary manslaughter
of an unborn child

Involuntary manslaughter

Reckless homicide

Concealment of a
homicidal death

Involuntary manslaughter
of an unborn child

Reckless homicide of an
unborn child

Drug induced homicide [225
ILCS 10/4.2(b)]

KIDNAPPING AND
RELATED OFFENSES

 Kidnapping

Aggravated kidnapping

Aggravated unlawful
restraint

Forcible detention

Child abduction

Aiding and abetting
child abduction

Harboring a runaway [225
ILCS 10/4.2(b)]

SEX OFFENSES UNDER
ARTICLE 11 OF THE CRIMINAL CODE OF 1961 OR 2012, EXCEPT OFFENSES DESCRIBED IN
SECTIONS 11-7, 11-8, 11-12, 11-13, 11-35, 11-40 AND 11-45

Indecent solicitation of a child

Indecent solicitation of an adult

Public indecency

Sexual exploitation of a child

 Custodial
sexual misconduct

 Presence
within school zone by child sex offenders

 Approaching,
contacting, residing, or communicating with a child within a public park zone
by child sex offenders

Sexual relations within families

Prostitution

Soliciting for a prostitute

Soliciting for a juvenile prostitute

Solicitation of a sexual act

Pandering

Keeping a place of prostitution

Keeping a place of juvenile
prostitution

Patronizing a prostitute

Patronizing a minor engaged in
prostitution

Pimping

Juvenile pimping

Exploitation of a child

Obscenity

Child pornography

Harmful material

Tie-in sales of obscene publications
to distributors

Posting of identifying
information on a pornographic internet site [720 ILCS 5/Art. 11]

BODILY HARM

 Heinous
battery

 Aggravated
battery with a firearm

Aggravated battery of a child

Tampering with food, drugs, or
cosmetics

Hate crime

Stalking

Aggravated stalking

Threatening public officials

Home invasion

Vehicular invasion

Drug induced infliction of great
bodily harm

Criminal sexual assault

Aggravated criminal sexual assault

Predatory criminal sexual assault of
a child

Criminal sexual abuse

Aggravated sexual abuse

Criminal transmission of HIV

Criminal abuse or neglect of an
elderly or disabled person

Child abandonment

Endangering the life or health of a
child

Ritual mutilation

Ritualized abuse of a child

 Any violation of the Methamphetamine Control and Community
Protection Act [720 ILCS 646] [225 ILCS 10/4.2(b)]

Final approval for licensure shall not be granted if the record check
reveals a felony conviction for child abuse or neglect, for spousal abuse, for
a crime against children, or for a crime involving violence, including rape,
sexual assault or homicide, but not including other felony convictions for physical
assault or battery, or if there is a felony conviction for physical assault,
battery or a drug-related offense committed within the past 5 years. [20
ILCS 505/5(v-1) and (v-2)]

Waiver of Convictions for
Placement with Relatives

Criminal convictions that were
waived by the Director for the initial placement in accordance with provisions
in Section 7(b) of the Children and Family Services Act [20 ILCS 505/7(b)] and
89 Ill. Adm. Code 301.Appendix A(b) and (c) are deemed waived for a final
placement decision. If additional criminal convictions appear as a result of
the fingerprint results, a new waiver request shall be submitted to the
Director or designee.

b) Additional
Convictions that Bar Licensure of or Employment in a Child Care Facility

In addition to the
requirements of subsection (a), no new applicant and, on the date of
licensure renewal, no current licensee may operate or receive a license from
the Department to operate, no person may be employed by, and no adult person
may reside in a child care facility licensed by the Department who has been
convicted of committing or attempting to commit any of the following offenses
or an offense in any other jurisdiction the elements of which are similar to and
bear a substantial relationship to any of the following offenses:

OFFENSES
DIRECTED AGAINST THE PERSON

BODILY HARM

Felony
aggravated assault

Vehicular endangerment

Felony domestic battery

Aggravated battery

Heinous battery

Aggravated battery with a firearm

Aggravated battery of an unborn child

Aggravated battery of a senior citizen

Intimidation

Compelling organization membership of
persons

Abuse and gross neglect of a long term
care facility resident

Felony violation of an order of
protection

OFFENSES
AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY

 Felony
unlawful use of weapons

Aggravated discharge of a firearm

Reckless discharge of a firearm

Unlawful use of metal piercing bullets

Unlawful sale or delivery of firearms on
the premises of any school

Disarming a police officer

Obstructing justice

Concealing or aiding a fugitive

Armed violence

Felony contributing to the criminal
delinquency of a juvenile

DRUG OFFENSES

Possession of more than 30 grams of
cannabis

Manufacture of more than 10 grams of
cannabis

Cannabis trafficking

Delivery of cannabis on school grounds

Unauthorized production of more than 5
cannabis sativa plants

Calculated criminal cannabis conspiracy

Unauthorized manufacture or delivery of
controlled substances

Controlled substance trafficking

Manufacture, distribution or advertisement
of look-alike substances

Calculated criminal drug conspiracy

Street gang criminal drug conspiracy

Permitting unlawful use of a building

Delivery of controlled, counterfeit, or
look-alike substances to persons under age 18, or at truck stops, rest stops,
or safety rest areas, or on school property

Felony possession, sale, or exchange of
instruments adapted for use of a controlled substance or cannabis by
subcutaneous injection

Felony possession of a controlled
substance [225 ILCS 10/4.2(b-1)]

c) In
addition to any other provision of this Section, for applicants with access to
confidential financial information or who submit documentation to support
billing, no applicant whose initial application was considered after July 31,
2012 may receive a license from the Department or a child care facility
licensed by the Department who has been convicted of committing or attempting
to commit any of the following felony offenses:

1) financial
institution fraud under Section 17-10.6 of the Criminal Code of 2012;

2) identity theft under
Section 16-30 of the Criminal Code of 2012;

3) financial
exploitation of an elderly person or a person with a disability under Section
17-56 of the Criminal Code of 2012;

4) computer tampering
under Section 17-51 of the Criminal Code of 2012;

5) aggravated
computer tampering under Section 17-52 of the Criminal Code of 2012;

6) computer fraud under
Section 17-50 of the Criminal Code of 2012;

7) deceptive practices
under Section 17-1 of the Criminal Code of 2012;

8) forgery under
Section 17-3 of the Criminal Code of 2012;

9) State benefits fraud
under Section 17-6 of the Criminal Code of 2012;

10) mail
fraud and wire fraud under Section 17-24 of the Criminal Code of 2012;

11) theft
under Section 16-1(1.1) through (11) of the Criminal Code of 2012. [225
ILCS 10.4.2(b-1.5)]

d) Exception Applicable to
Child Care Facilities Other than Foster Family Homes

Notwithstanding subsection (a), the
Department may issue a new child care facility license or may renew the
existing child care facility license of an applicant, or an applicant who has
an adult residing in a home child care facility who was convicted of an offense
described in subsection (b), or the Department may approve the employment of a
person by a child care facility who was convicted of an offense described in
subsection (b), provided that all of the following requirements are met:

1) The
relevant criminal offense or offenses occurred more than 5 years prior to the
date of application or renewal, except for drug offenses. The relevant drug
offense must have occurred more than 10 years prior to the date of application
or renewal, unless the applicant or prospective employee has passed a drug
test, arranged and paid for by the child care facility, no less than 5 years
after the offense;

2) The
Department must conduct a background check and assess all convictions and
recommendations of the child care facility in accordance with Section
385.60(d), (e) and (f) and determine if a waiver is applicable in
accordance with subsection (d)(1);

3) The
applicant meets all other requirements and qualifications to obtain a license
to operate the pertinent type of child care facility. [225 ILCS
10/4.2(b-2)